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TRADEMARK OBJECTION REPLY
Know about the reasons for Trademark Objection and how to respond to it. File your Trademark Objection Reply with Vakilgiri & increase the chances of getting your Trademark Registration done in minimum time!!
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WHAT IS TRADEMARK?
TRADEMARK REGISTRATION ONLINE
Trademarks are symbols that are used to identify the source of products or services provided by a specific person or company. They have a distinct look or content. The trademarks help in brand building and allows consumer or customer to quickly identify the product with its manufacturer.
These marks are legally protected to guarantee that they are not used to mislead products or confuse consumers. To receive a legal protection, a trademark must be registered. This ensures that the product or brand is protected and cannot be used illegally and the owner has the complete ownership over the registered trademark.
Why are Trademarks Objected?
Top reasons for trademark objection !!
The trademark examiner raises an objection against the trademark application for a variety of reasons during the preliminary stage of the trademark (TM) registration procedure.
The trademark objection arises because of the two main reasons that are:
a) the application is incomplete or comprises of incorrect information, or
b) a similar Trademark already exists. If the candidate infringes any of the Trade Marks Rules, the examiner has ultimate control to oppose to the filed application via an assessment report.
Apart from the reasons mentioned above, here are 10 reasons why your trademark objection occurs and how you can respond to a trademark objection:
Wrong Trademark Form
The Trademark Examiner will raise the following objection if the trademark application is not filed on the right form.
Corrective Action: The applicant can overcome this objection by filing a request on form TM-M to correct the trademark application.
The applicant’s name must be appropriately entered in the trademark application. If the trademark applicant’s name is wrong, the Trademark Examiner will raise an objection.
Corrective Action: To overcome an objection for an improper trademark applicant name, the applicant must file a request on form TM -M to correct the trademark application.
Inability to file Trademark application
If the applicant files the trademark application on behalf of the Trademark Attorney or Trademark Agent, the applicant must also submit the TM-48 form. The examiner may raise an objection if the trademark registry does not discover form TM-48 attached or if it is incorrectly executed.
Corrective Action: The applicant can resolve an objection for failure or improper Form TM-48 filing by requesting a trademark application correction on Form TM-M.
User Affidavit is not attached
A trademark applicant must submit a User Affidavit to the Trademark Registry in order to register their trademark. The affidavit aids applicants in claiming any prior date of trademark usage. The applicant must provide the information if he or she was using it prior to filing an application. However, if the candidate does not provide it, the registration will create a reason to object on the Trademark because it is a mandatory requirement for claiming the date of previous use. The applicant is given the opportunity to demonstrate how his or her trademark meets the requirements for obtaining a legitimate registration. The trademark objection reply is what it’s called.
Wrong Trademark Class
The appropriate trademark class is one of the most important things to consider when filing a trademark application. However, if one select the incorrect trademark class, the application will be denied. In addition, the trademark class will be marked as “Objected.”
As a result, one must double-check that the trademark class selected is correct. If one is filing a trademark application for their services, they will need to select a service class, which ranges from 35 to 45. If one wants a trademark class for goods, however, they must choose between trademark classes 1 and 34.
suggested trademark already exists
If the requested Trademark is already in use, the TM officer will deny it and file an objection.
In certain situations, the applicant must respond to the trademark examination report. He must state in his response that the stated Trademark in the examination report as a conflicting mark is completely distinct from the applicant’s Trademark.
In addition, the applicant must offer proof in support of his or her claim.
If the applied trademark is unable to distinguish one person’s goods or services from those of another & are devoid of distinctive character, are subject to rejection under the absolute grounds for trademark denial. The trademark applicant might present proof to indicate that the mark has developed a distinctive character as a result of its earlier usage to overcome a trademark objection under absolute grounds for denial.
If the products or services specification in a trademark application is excessively ambiguous or contains a vast variety of goods and services in a class, the Trademark Examiner can complain as follows:
Corrective Action: The applicant can overcome an objection to the specification of goods or services by filing a request on form TM-M to correct the trademark application.
The Trademark Examiner can object if the trademark has the potential to deceive the public due to something inherent in the mark or its usage, such as the nature, quality, or geographical origin of the goods or services that are being provided.
If the applicant files Form TM-M to exclude products or services from the specification, a misleading trademark objection can be overcome.
The examiner will raise an objection if the applicant gives the inaccurate address of the major place of business, or if he does not indicate the address at all.
Corrective Action: The applicant can overcome an objection based on an inaccurate trademark applicant address by filing a request on form TM -16 to correct the trademark application.
TRADEMARK OBJECTION REPLY
HOW DO YOU RESPOND TO A TRADEMARK OBJECTION?
When a trademark objection is raised, the applicant will be notified of the issue and the grounds for the objection. To check the Trademark status, you will receive a mail on your registered email and you are also requested to regularly check the official website of IP department.
a) In the first instance, one must file a statement within two months of receiving the notice of objection. In the event that one does not file a grievance within two months, the application will be considered refused.
b) Following the filing of a counter-statement to the objection, the trademark registrar will schedule a hearing between the two parties. The trademark owner and the trademark registrar are the two parties in this case. The trademark will be registered if the trademark owner rules in the applicant’s favour; if the trademark owner rules in the opposing party’s favour, the trademark will be removed from the journal and the application will be refused.
c) After the application was denied, the applicant filed an appeal with the Intellectual Property Appellate Board (IPAB). The applicant must file an appeal within three months of the date of the Trademark Registrar’s decision.
If the applicant files an appeal after the three-month period has expired, he or she must explain why the delay occurred. If the IPAB determines the cause to be valid, the appeal will be sent back to the IPAB for a second hearing.
d) The applicant must submit his or her application in accordance with the Trademark Rules. There are two scenarios that arise under the Trademark Rules:
– If the applicant only wants to register a trademark for one class, he or she must use Form-2, which is required under trademark laws. The trademark objection reply filing fee is INR 5000.
– If the applicant wants to register a trademark in more than one class, he or she must complete Form 3 — the filing cost in this case is INR 10,000.
e) Every application will be endorsed by the Deputy Registrar of the Trademark Authority on the date it is delivered. If the Deputy Registrar discovers an error in the application, he or she will issue a notification to the applicant.
f) Following receipt of the Deputy Registrar’s notification, the applicant must resubmit the application within two months of receiving the notice.
g) If the applicant is unable to resolve the disparity, the application will be rejected by the Deputy Registrar.
h) If the applicant is unable to locate the error, the case will be registered and a serial number will be assigned by the Deputy Registrar.
i) The IPAB will hear the matter after it is registered, and the location of the hearing will be determined by the jurisdiction in which the case is filed. The IPAB will set a date for the hearing and will look into the subject further.
j) If one of the parties fails to appear for the hearing on the scheduled date, the IPAB will issue an ex parte order. This means that the IPAB will rule in favour of the party who is present at the time of the hearing.
k) In any situation, the IPAB will rule in favour of the strong party or dismiss the matter.
l) If the matter is dismissed or the IPAB issues an Ex parte order, the applicant will have 30 days to submit a petition challenging the previous order.
m) The matter will be heard once more, and the IPAB will render its decision.
n) In case of the applicant being dissatisfied with the Court’s final decision, he/she can file an appeal with the Corresponding High Court. If the petitioner is dissatisfied with the High Court’s decision, he or she can appeal to the Supreme Court of India.
DOCUMENTS REQUIRED TRADEMARK OBJECTION REPLY
Things you need to file for trademark objection
a) Power of Attorney
b) A simple form to complete
To sum up, filing a trademark application is a time-consuming process that necessitates a great deal of attention. The first step that firms do when starting a business is to choose a trademark. To avoid trademark objections, it’s a good idea to contact Vakilgiri Team early on in the trademark registration process. This will save you time, money, and your brand.
Contact us at 9525665852 or mail us at firstname.lastname@example.org to know more about our services.
Related to trademark objection
Within 30 days of getting the trademark objection, you are required to file trademark objection reply otherwise, the trademark registration process is cancelled.
With the help of Vakilgiri Legal Consultants, you can file your trademark objection reply at a cost of Rs. 2000/- only. We will analyse the trademark query and will provide a detailed and authentic trademark objection reply.
The trademark application is objection due to two main reasons i.e., incomplete or incorrect information provided in the trademark registration form or, the applied trademark is similar to that of a trademark that is currently in use. Apart from that, read out 10 main reasons for trademark objection above.
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